TEXAS DEPARTMENT OF



H. L. Whitman, Jr., CommissionerOpen Enrollment forOut-of-State Adoption ServicesStatewideProcurement Number: HHS0000012Enrollment Period Opens: 5/27/2015Enrollment Period Closes: 8/31/2020Class-Item Code952-47 Addendum #13: 8/17/17 Addendum #12: 2/27/17Addendum #11: 5/23/16Addendum #10: 1/14/16Addendum #9: 12/21/15Addendum #8: 9/23/15Addendum #7: 8/12/15Addendum #6: 8/3/15Addendum #5: 7/9/15Addendum #4: 7/6/15Addendum #3: 6/24/15Addendum #2: 6/18/15Addendum #1: 6/4/15TABLE OF CONTENTS TOC \o "1-2" \h \z \u 1.GENERAL INFORMATION PAGEREF _Toc454184493 \h 41.1Scope PAGEREF _Toc454184494 \h 41.2Point of Contact PAGEREF _Toc454184495 \h 41.3Procurement Schedule PAGEREF _Toc454184496 \h 41.4Eligible Applicants PAGEREF _Toc454184498 \h 51.5Strategic Elements PAGEREF _Toc454184499 \h 61.6Amendments and Announcements Regarding this Open Enrollment PAGEREF _Toc454184500 \h 61.7Delivery of Notices PAGEREF _Toc454184501 \h 71.8Terms and Conditions PAGEREF _Toc454184502 \h 72.STATEMENT OF WORK PAGEREF _Toc454184503 \h 102.1DFPS Mission PAGEREF _Toc454184504 \h 102.2Program Purpose PAGEREF _Toc454184505 \h 102.3Need for Service PAGEREF _Toc454184506 \h 102.4Client Characteristics PAGEREF _Toc454184507 \h 112.5Service Areas PAGEREF _Toc454184508 \h 112.6Service Authorization and Referral Process PAGEREF _Toc454184509 \h 112.7Pre-Placement Adoption Services PAGEREF _Toc454184510 \h 122.8Adoption Placement Activities PAGEREF _Toc454184511 \h 122.9Adoption Placement Documentation PAGEREF _Toc454184512 \h 142.10Post-Placement Services PAGEREF _Toc454184513 \h 162.11Court Related Services PAGEREF _Toc454184514 \h 192.12Minimum Qualifications PAGEREF _Toc454184515 \h 202.13Required Record Keeping PAGEREF _Toc454184516 \h 282.14Required Reports, Forms & Plan of Service PAGEREF _Toc454184517 \h 302.15Goal and Performance Measures PAGEREF _Toc454184518 \h 343.HISTORICALLY UNDERUTILIZED BUSINESSES (HUB) PAGEREF _Toc454184519 \h 354.UTILIZATION AND COMPENSATION PAGEREF _Toc454184520 \h 364.1Historical Service Utilization PAGEREF _Toc454184521 \h 364.2Compensation PAGEREF _Toc454184522 \h 364.3Invoicing PAGEREF _Toc454184523 \h 395.APPLICATION REQUIREMENTS PAGEREF _Toc454184524 \h 415.1Open Enrollment Cancellation/Partial Award/Non-Award PAGEREF _Toc454184525 \h 415.2Right to Reject Applications or Portions of Applications PAGEREF _Toc454184526 \h 415.3Amendments to Applications PAGEREF _Toc454184527 \h 415.4Joint Applications PAGEREF _Toc454184528 \h 415.5Withdrawal of Applications PAGEREF _Toc454184529 \h 415.6Debriefing PAGEREF _Toc454184530 \h 415.7Protest Procedures PAGEREF _Toc454184531 \h 415.8Application Submission Instructions PAGEREF _Toc454184532 \h 425.9Costs Incurred PAGEREF _Toc454184533 \h 446.ELIGIBILITY DETERMINATION PAGEREF _Toc454184534 \h 456.1Screening PAGEREF _Toc454184535 \h 456.2Best Value Factors PAGEREF _Toc454184536 \h 456.3Unresponsive Applications PAGEREF _Toc454184537 \h 466.4Corrections to an Application PAGEREF _Toc454184538 \h 476.5Review and Validation of Applications PAGEREF _Toc454184539 \h 476.6Additional Information PAGEREF _Toc454184540 \h 477.DEFINITIONS PAGEREF _Toc454184541 \h 488.ATTACHMENTS AND FORMS PAGEREF _Toc454184542 \h 558.1Procurement Specific Attachments PAGEREF _Toc454184543 \h 558.2Required Forms - Attachment B PAGEREF _Toc454184544 \h 55GENERAL INFORMATIONScopeThe State of Texas, by and through the Texas Department of Family Protective Services (DFPS), seeks qualified providers to purchase Out-of-State Adoption Services to assist the Department of Family and Protective Services (DFPS) in placing and monitoring children in prospective adoptive homes in accordance with the specifications contained in and referenced by this open enrollment.Point of ContactThe sole point of contact for inquiries concerning this open enrollment is:Point of Contact:Delayne Williams, Purchased Client Services SupportAddress:Texas Department of Family & Protective Services701 W. 51st Street; MC E-541Austin, Texas 78751Email:Delayne.williams@dfps.state.tx.usApplicant must direct all procurement communications relating to this open enrollment to the DFPS Point of Contact named above unless specifically instructed to an alternate Contact by DFPS.Procurement ScheduleAll dates are subject to change at DFPS's discretion. Applications must be received by the DFPS Point of Contact identified in subsection 1.2 by the enrollment closing period provided in the Procurement Schedule below. Late applications will be deemed unresponsive and will not be considered.Procurement ScheduleEnrollment Period Opens 5/27/2015Enrollment Period Closes5:00 PM CT8/31/2020HHSC Post Awards to HHS Enrollment Opportunities website9/30/15Anticipated Contract Start Date6/21/2015Adjustments to Closing DateDFPS may, at its sole discretion and without additional notice adjust the closing date for the entire open enrollment, a specific Region, or a specific service delivery area within a Region to meet the needs of DFPS. If an adjustment is made to the closing date specified in the table above, an amendment to this open enrollment will be posted.Re-Opening the Open EnrollmentDFPS may without additional notice close or re-open the enrollment period for the entire open enrollment, a specific Region, or for a specific service delivery area within a region to meet the needs of DFPS. If it becomes necessary to close or re-open this open enrollment outside of the dates specified in the table above, an amendment to this open enrollment will be posted.Project Overview DFPS will work in collaboration with Child-Placing Agencies to provide an array of support services that lead to the consummation of adoptions of children in DFPS Conservatorship. Eligible ApplicantsTo be eligible to receive an award through this open enrollment, Applicants shall:Not be debarred from receiving any federal or state funds at the time of the Contract award;Be legally authorized to do business in the State of Texas and determined to be "Active" by the Texas Comptroller of Public Accounts. Applicants can check their status at ; Accept the terms of this procurement and not alter HHS procurement language, including but not limited to attachments, appendices and exhibits attached to this open enrollment; andProvides a copy of the Applicant's valid and current Child-Placing Agency license issued by the state in which the adoption services are to occur to provide adoption services.Strategic ElementsContract Type and TermDFPS will award one or more contracts for Out-of-State Adoption Services. The effective date of a contract awarded from this Open Enrollment will be the date entered by DFPS on Form 2280PEN, Application and Contract. The initial resulting contract term for each contract will be on the date of execution through August 31, 2020. Amendments and Announcements Regarding this Open EnrollmentHHSC will post all official communication regarding this open enrollment on the HHS Open Enrollment Opportunities website. DFPS reserves the right to revise the open enrollment at any time and to make unilateral amendments to correct grammar, organization and clerical errors. It is the responsibility of each Applicant to comply with any changes, amendments, or clarifications posted to the HHS Open Enrollment Opportunities website. Applicant must check the website frequently for changes and notices of matters affecting this open enrollment. Applicant’s failure to periodically check HHS Open Enrollment Opportunities website will in no way release the Applicant from “addenda or additional information” resulting in additional costs to meet the requirements of the open enrollment.All questions and comments regarding this open enrollment should be sent to the DFPS Point of Contact identified in subsection 1.2. Questions must reference the appropriate open enrollment page and section number. HHSC’s will post subsequent answers to questions to the HHS Open Enrollment Opportunities website as appropriate. DFPS reserves the right to amend answers prior to the open enrollment closing date.Applicants must notify the DFPS Point of Contact of any ambiguity, conflict, discrepancy, omission or other error in the open enrollment.Delivery of NoticesAny notice required or permitted under this announcement by one party to the other party must be in writing and correspond with the contact information noted in subsection 1.2 of this open enrollment. At all times, Applicant will maintain and monitor at least one active email address for the receipt of application-related communications from DFPS. It is the Applicant’s responsibility to monitor this email address for application-related information.Terms and ConditionsUniform Contract Terms and ConditionsThe terms and conditions outlined throughout this solicitation govern the PEN and any resulting contract.? Any Contract awarded under this PEN includes the following terms and conditions, which Contractor can access in Package 6:The current version of DFPS Vendor Uniform Terms and Conditions, Form 5645V;The current version of DFPS Special Conditions, Form 5622V; andThe current version of DFPS General Affirmations, Form 5647.Additional Terms and ConditionsIn addition to the Uniform Contract Terms and Conditions, the following are additional terms and conditions that govern the application and any resulting contract.Period of PerformanceDFPS may award one or more contracts for Out-of-State Adoption Services. The contract period will begin on the date entered by DFPS on Form 2280PEN, Application and Contract. The initial resulting contract term for each contract will be on the date of execution through August 31, 2020.Historically Underutilized BusinessesDFPS adheres to the administrative rules, policies, and forms developed by the Health and Human Services Commission relating to Historically Underutilized Businesses (HUBs). This open enrollment does not require Applicants to complete a HUB Subcontracting Plan. For more information about the HUB program at DFPS, contact the DFPS HUB Coordinator at HUBINFO@dfps.state.tx.us. Texas Public Information ActAny information submitted to DFPS in response to this open enrollment is subject to public disclosure in accordance with the Texas Public Information Act (the Act), Government Code §552. DFPS will process any request for information comprising all or part of any information submitted to DFPS by the Applicant in accordance with the Act.If an Applicant claims that information contained in any information it submitted to DFPS is exempt from required public disclosure under the Act, the Applicant must clearly identify such information and the applicable exemptions in the Act, and explain in detail why such exemption is applicable.For information concerning the application of the Act’s provisions to Applicant's application and proprietary information, Applicants may consult the following:Attorney General’s website Information Handbook of Ideas by the State of TexasDFPS reserves the right to use any and all ideas presented in an Application unless the Applicant presents a valid legal case that such ideas are a trade secret or confidential information, and identifies the information as such in its application. An Applicant may not object to the use of ideas that are not the Applicant’s intellectual property and so designated in the application that: Are known to DFPS before the submission of the application; Are in the public domain through no fault of DFPS; or Become properly known to DFPS after application submission through other sources or through acceptance of the application.Property of DFPSExcept as otherwise provided in this open enrollment or the resulting contract, all products produced by Applicant as a result of this open enrollment or the resulting contract become the sole property of DFPS, including, without limitation, all plans, designs, software, and other contract deliverables. If an Applicant develops any copyrightable material as a result of this open enrollment or the resulting contract, then Applicant will grant the State of Texas, DFPS, and the Health and Human Services Commission a royalty-free, non-exclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for governmental purposes.Subsections 1.9.2.8.1 - 1.9.2.8.2 of this Section do not apply to any report, document, or other data, or any invention of Applicant which existed prior to, or was developed or discovered independently from, its activities related to or funded by this open enrollment or the resulting contract.Copyright RestrictionsDFPS will not consider any application that bears a copyright. Prohibition on Non-Compete Restrictions on Employees and SubcontractorsApplicants may not require any employees or subcontractors, now or in the future, to agree to any conditions, such as non-compete clauses, that would restrict such persons from employment or contracting with DFPS or any current or future DFPS providers.Severability ClauseInvalidity or unenforceability of one or more provisions of this open enrollment or the resulting contract will not affect any other provision of this open enrollment or the resulting contract. If a part of the open enrollment or the resulting contract is determined invalid or unenforceable, then both parties agree to replace the invalid provision with a clause of as similar terms as may be legally possible in order to make the prior intent of such provision legal, valid, and enforceable.The remainder of the page is intentionally left blank.STATEMENT OF WORKDFPS MissionThe mission of DFPS is to protect children, the elderly, and people with disabilities from abuse, neglect, and exploitation by involving clients, families, and communities.Program Purpose The purpose of the Child Protective Services (CPS) Program is to protect children and to act in the children’s best interest. CPS focuses on children and their families and seeks active involvement of the children’s parents and other family members to solve problems that lead to abuse or neglect. The objectives of CPS are to:Prevent further harm to children and to keep children with their families when possible;Provide permanence for children in substitute care by resolving safety threats or enhancing parental protective capacities and returning children to their families; andProvide permanence for children who cannot return to their families.Need for ServiceDFPS ensures the safety, permanency, and well-being of children who cannot return to their families. DFPS recognizes that the most appropriate adoptive family for a specific child or sibling group may not be located in Texas. To meet the needs of these children, DFPS purchases Out-of-State Adoption Services. The Contractor responsible for providing Out-of-State Adoption Services must provide support services before, during and after placement until the adoption is consummated according to: and Texas Child Protective Services policy as outlined in the HYPERLINK ""Child Protective Services Handbook § 6900, now incorporated into this document by reference. These services will comply with the laws and regulations of the State of Texas, outlined in the Child Protective Services Handbook policies 6969 More information regarding the adoption of children through the Texas DFPS may be attained by visiting the Texas Adoption Resource Exchange (TARE) Website.Current Links: Child Protective Services Handbook HYPERLINK " " TARE HYPERLINK " " Client CharacteristicsThe target populations for Out-Of-State Adoptive Services are children in the Conservatorship of Texas Department of Family and Protective Service that meet the following criteria:The child is in the managing Conservatorship of DFPS;The permanency planning goal for the child is Adoption; andThe child is:Legally available for adoption (the parents are deceased, or their parental rights have been terminated); orA legal risk placement is being considered for the child and a Petition to Terminate Parental Rights has been filed with the court; or,A termination hearing is scheduled within 90 days.Service Areas With the exception of Catchment area 3b (which currently includes Tarrant, Palo Pinto, Parker, Johnson, Hood, Somervell and Erath Counties), children served by Out-of-State Adoption Services are located throughout the eleven (11) DFPS geographic regions within the State of Texas found in Package 3. Service Authorization and Referral ProcessFollowing contract execution, the Contractor must have a signed and dated Service Authorization, Form 2054 prior to providing Adoption Placement or Post-Placement Services. The Contractor accepts performing all services specified within the contract initiated by the DFPS Service Authorization Form 2054. The Contractor must retain a copy of each Service Authorization, Form 2054 in the applicable client's case files.Authorization FormOnly services authorized on a Valid Service Authorization, Form 2054 may be billed.A current Form 2054 must be on file prior to services being rendered;Form 2054 authorizing the service, must be maintained in each client's record as basis for payment from DFPS; The following claims will be subject to non-payment or collection if payment has already been made:Service types not authorized; orServices delivered by a person not meeting the minimum qualifications or who has not received prior DFPS approval. Pre-Placement Adoption ServicesThe scenarios in which DFPS would seek to contract with an Out-of-State Adoption Services Contractor for the provision of Adoption Placement Services and Post- Placement Adoption Services with families that reside outside the State of Texas include, but are not limited to: The child(ren) may have an existing relationship with the prospective adoptive family; The child(ren) may already be placed with the family and services are contracted for the placement to be changed from a temporary placement to an adoptive placement; and/orThe adoptive family meets the requirements for an adoptive home and is selected as a match for the placement of a specific child or children. Adoption Placement ActivitiesContractor must complete the following Adoption Placement Activities prior to the completion of the Adoption Placement, regardless of whether the child is currently placed in care in the home selected for an adoptive placement:Case ReviewThe Contractor will obtain written Email approval from the child's DFPS Caseworker to allow confidential information about the child to be shared with the prospective adoptive family; The Contractor will fully review the child’s case record received from DFPS, ensure all information is shared with the adoptive family, and ensure that the impact of an adoptive placement of a special needs child on the adoptive family has been thoroughly discussed with the family;Upon receipt of said approval, the Contractor will provide the adoptive family the child’s de-identified Health, Social, Educational, and Genetic History (HSEGH) reports and case record received from the DFPS Caseworker for review and in compliance with adoption Minimum Standards for the state in which the adoption services are to occur and will document the action as verification of compliance with this requirement. The date and manner in which the information was shared will be documented in the family case file; The Contractor will provide DFPS required information for requests under the Interstate Compact on the Placement of Children (ICPC) as requested;The Contractor will assist adoptive parents in applying for Adoption Assistance and Medicaid; andThe Contractor will provide and explain to the prospective adoptive parents about the benefits and resources available through:The Texas Adoption Assistance Program, if the child (ren) meets the criteria for eligibility;The Post Adoption Services; that provides an array of adoptive family support services, andThe Federal Adoption Tax Credit. Current Links:Texas Adoption Assistance Resources Support Services i.e. parent support groups, Texas adoption support services, etc. HYPERLINK " " Pre-Placement Visits The Contractor providing Out-of-State Adoption Placement Services will arrange as many pre-placement visits as are necessary based on the needs of the child and develop an Adoption Plan; a joint agreement with DFPS. At a minimum, the Contractor will:Arrange and provide an initial face-to-face pre-placement visit; andArrange a minimum of one (1) overnight pre-placement visit between the child and the prospective adoptive family (the overnight visit is required, unless waived in writing by DFPS).PlacementUpon successful completion of the pre-placement visits the Contractor will seek a written DFPS agreement to continue with the Adoptive Placement. The Contractor will complete the Adoption Placement Documentation and submit via fax or secure email transmission to the DFPS Caseworker for final review.Contractor must complete the placement according to policy outlined in the CPS Handbook in § 6943. DFPS will continue to retain managing Conservatorship of the child until the adoption is finalized.Adoption Placement DocumentationAt placement of the child in the adoptive home, the Contractor is responsible for obtaining and maintaining a copy in the adoptive family case file a signed:Adoptive Placement Agreement Form 2226; andDesignation of Medical Consenter for Non-DFPS Employee Form 2085-B. In addition, Contractor is responsible for obtaining the following records in order to complete an Adoptive Placement:Home ScreeningContractor will provide documentation to DFPS that a home screening has been completed on the home by the adoption minimum regulatory standards for the state in which the adoption services are to occur prior to DFPS’ considering a child for placement in the home; andUpon request by DFPS, Contractor will complete and submit the Non-DFPS Adoptive Home Registration, Form 2238 Household Members Background ChecksContractor will submit documentation to DFPS verifying criminal history checks have been conducted on all persons 14 years or older residing in the prospective adoptive home prior to placement of child/ children. Training for Adoptive HomesContractor must provide training for the prospective adoptive family on the specific topics listed below pursuant to Section 7200 of the CPS Handbook:Separation and attachment;The importance of the birth, extended and temporary families;The need for children to maintain sibling contact and birth family connections;The dynamics and impact of abuse and neglect on children and their development;The behaviors exhibited by children who have experienced the trauma of abuse and neglect;Age-appropriate, non-physical discipline and agreement to abide by the CPS discipline policy;The availability and use of community resources, including the Adoption Assistance Program, the Federal Adoption Tax Credit and Post Adoption Services and Adoption Support Services that may aid in strengthening the support network of the adoptive family and encourage advocacy for their adopted child(ren);Sexuality and its manifestations in children who have been abused and neglected; andHealth, disabilities, and developing positive family attitudes that aid in the adjustment of children with emotional or physical disabilities within the family. The training topic must include information on support and resources that assist families in managing and parenting a child or children with disabilities.Post-Placement ServicesOnce the Out-of-State Adoptive Placement has been made, the Contractor is responsible for providing ongoing services to the child and the prospective adoptive family during the adoptive placement. These responsibilities include: Supervising the Adoptive PlacementThe Contractor will visit the child and the adoptive family according to child and family needs. The Contractor will begin providing Post Adoption information in preparation toward Post Adoption resources and support.The following are the minimum requirements for the time frames in which contact must be made prior to the consummation of the adoption: Upon placement of a child with an adoptive family, the Contractor must make the first home visit to the child and adoptive family within two (2) weeks.Contractor must make subsequent, face-to-face visits with the adoptive family and child at least once a month or more frequently according to the needs of the child and family.At least one (1) face-to-face contact must take place at the residence each month.At least two (2) of the monthly contacts during the first six (6) months must include all family members living in the home. The amount and type of contacts will depend on the child and family’s needs.If the adoption is not consummated in the first six (6) months, monthly contact requirements must continue unless DFPS has approved a different visitation schedule in writing.Contractor must establish well planned, documented visits focused on issues pertinent to case planning and service delivery to ensure the safety, permanency, and well-being of the child. These visits must focus on the child’s bonding and adjustment to the new adoptive family, the needs of the adoptive family in caring for the child, and the issues identified in the adoptive plan of service. For further instruction on the content of the visits, reference the CPS Handbook § 6951.1, 6951.2, 6951.3 and 6952.4.If the Contractor identifies issues or prospective issues that may interfere with the success of the adoption, the Contractor must inform DFPS of the issue(s) both verbally and via email within one (1) business day.Sibling ContactThe Contractor will participate in the facilitation of DFPS approved personal contact with a Child's sibling who is in Foster Care or siblings placed in a separate adoptive home, regardless of adoption status. It is anticipated that the frequency may be at least one time per month in a face-to-face meeting when siblings are placed within the same DFPS administrative region.If siblings are separated by state, then the frequency of sibling communication is anticipated to be, at a minimum, twice monthly utilizing written or telecommunication methods of communication. This method of contact does not prohibit face-to-face contact when it can occur.Contact activities to include the party's discussions and actions will not be directed by the Contractor. Exceptions to the sibling contact and communication requirements include when sibling contact is:Prohibited by court order;Justified restriction by the adoptive parent(s) of the child's sibling already consummated that it's not in their best interest;Contrary to the best interest of the children as reflected in any of the Plans of Service of the siblings; orDiscouraged by a mental health professional treating any of the siblings.Progression to ConsummationThe Contractor will obtain DFPS' written consent in advance that an adoption is in the best interest of the child and should be consummated. DFPS will provide consent if the Contractor has met the following conditions in the estimation of the Department:The Contractor has supervised the child's placement in the selected home for at least six (6) months;The Contractor has provided DFPS with required written reports about the placement; (case notes of home visits, monthly home visit case notes, and updated Adoption Plan of Service) andAll legal and policy requirements for completing an adoption have been met.Delays in ConsummationIf the adoption is not consummated and finalized within one (1) year after the initial placement, and the placement is still intact, the Contractor will contact the DFPS Caseworker to coordinate a review of the placement in order to develop a revised Adoption Plan of Service.Disrupted PlacementIn order to intervene in a possible disruption of placement, the Contractor will notify the DFPS Caseworker upon having acquired any information on a potential disruption. If the event that the adoption is not consummated and the placement is disrupted the Contractor will:Contact DFPS Caseworker to discuss a Crisis Intervention Plan to intervene on possible adoption disruption. Contractor will provide information to the child's Caseworker electronically addressing the following items within five (5) days of a potential adoption disruption: The reasons that the placement may be disrupted; The information shared with the child about a potential disruption and the child's response; Any red flags that a disruption may occur; Any actions that could prevent a disruption; and Any recommendations to stabilize the present placement and any recommendations regarding future adoptive placements for the child in the event a new placement must be coordinated. Coordinate with DFPS to plan for another placement for the child. This planning will include:DFPS and the Contractor identifying staff authorized to approve new placement plans; A review of available resources before another placement is selected; andObtaining DFPS written approval prior to the placement. Court Related ServicesThe Contractor must provide court related services in two (2) capacities: Court TestimonyThe Contractor must allow any of its employees to provide relevant information in representation for the Contractor when requested by DFPS in any of the following situations: Judicial Hearings;Court Depositions; and Administrative Reviews.Court Related AssistanceThe Contractor will assist the adoptive family and their attorney to complete the adoption consummation and finalization process. The Contractor will prepare a signed and notarized court report unless the court orders another party to prepare the report. Contractor will file the completed court report no later than ten (10) days prior to the court hearing. Contractor will provide a copy of the filed court report to the following people 10 days prior to the court hearing:DFPS; The adoptive family; The family’s attorney; The child’s attorney ad litem; and Any other interested parties legally involved with the child(ren) as identified by DFPS.Minimum QualificationsCPAs wishing to enter into a contract with DFPS for Out-of-State Adoption Services will meet the following criteria: ExperienceA CPA that is a Prospective Contractor for Out-of-State Adoption Services must have experience in Special Needs Adoptions (reference the Definitions in §7). When applying for a contract with DFPS, the Contractor must provide the following:Documentation that the potential Contractor or potential Contractor staff members have completed at least six (6) Special Needs Adoptions; andA summary of the Special Needs Adoptions experiences in terms of placement selection and supervision, including:A single page narrative outlining the work experience, educational background, and qualifications for the Contractor’s Case Manager and supervisor overseeing the Case Manager that will be involved in providing services pursuant to a contract for Out-of-State Adoption Services.The names of designated staff with experience in Special Needs Adoptions;The specific experiences potential Contractor and staff members have had with Special Needs Adoptions;The names of designated potential Contractor’s staff members involved in reviewing and approving possible placements in coordination with DFPS; andThree (3) letters of organizational support from agencies/ organizations that have a working relationship with the Applicant.Current DFPS Out-of-State Adoption Contractors reapplying to this procurement may submit the six (6) most recent DFPS Contract Performance letters to meet the requirement of letters of organizational support so long as the DFPS Contract Performance letters indicate units of service and clients served during the reporting period, or a combination of DFPS Contract Performance letters and letters of organizational support if Contractor does not have six (6) DFPS Contract Performance letters.When DFPS Contract Performance letters indicate no units of service or clients served during the reporting period, the Applicant must submit letters of organizational support instead to meet this requirement.For new Applicants, examples of acceptable letters of organizational support are letters from Court Appointed Special Advocates (CASA), the National Child Welfare League, Child Welfare Agencies and a therapist, social worker or attorney that the Applicant has worked with professionally and specifically related to an adoption. Letters of organizational support do not include letters from families as families are not organizations.Personnel ListingThe Contractor must submit a Contracting Entity and List of Staff, Subcontractors, and Volunteers, Form PCS-102 (located in Package 5), for the DFPS Contract Manager’s written approval prior to assignment to the contract and on an annual basis thereafter, and upon request by DFPS. Written DFPS Contract Manager approval signifies the person has been cleared to provide services and have access to personal client information.LicensingPrior to a ContractPrior to entering into a contract with DFPS, the potential Contractor must provide: A copy of the Contractor’s valid and current Child-Placing Agency license to provide adoption services issued by the state in which the adoption services are to occur;A single page resume outlining the work experience, educational background, and qualifications for the potential Contractor’s Case Manager and supervisor overseeing the Case Manager that will be involved in providing services pursuant to a contract for Out-of-State Adoption Services.Throughout the ContractThe Contractor will maintain a valid adoption license in the state in where the adoption is being consummated. The Contractor must ensure that the Licensing State will allow all activities anticipated by this contract with no adverse actions taken against the Contractor. TrainingContract Specific- Required TrainingCPAs intending to enter into a contract for Out-of-State Adoption Services must provide contract specific training to the staff members that will be providing services under the contract, which specifically includes the Case Manager(s), Supervisor, and any services providers working with CPA that will be involved in the Adoptions Case.The new training curriculum must last a minimum of sixteen (16) hours and must include all twenty (20) of the topics below. The new curriculum topics are: The role of CPS, the child’s CPS worker, and the CPS Foster and Adoption worker;The role of the Private Agency and the family’s adoption worker;Grief and Loss;Attachment;Types of Abuse/Neglect;The impact of Abuse/Neglect on children;Definition of special needs children;Biases and attitudes that negatively impact Special Needs Adoption;Sibling placements;Multi-Ethnic Placement Act-Interethnic Provisions;Trans-racial and cross-cultural placements, including issues to consider and specific ways to support the families;General selection process/matching child and family;General presentation process;Transitioning a child and family from Foster Care to adoption;Preparing families to be an adoptive placement for children in Foster Care;Legal risk placements;Pre-placement visits;Adoption plan of service;Indicators for disruption/dissolution and ways to prevent it; andPost-placement services for adoptive families that is available through the regional post adoption contractor. Resources for developing training on these topics can be found in Special Needs Adoption Training Curricula Resources for Contractors, located on the DFPS Regional CPS Contracting Forms website: , Adoption Services. DFPS TrainingInitial orientation provided to Contractor staff on applicable DFPS required agency forms, procedures and policies relevant to services being provided; and Initial and training as needed, provided to Contractors on DFPS documentation requirements.Contractor OrientationContractor must provide basic orientation to all staff before staff assumes duties and must include: Client confidentiality; andSpecific knowledge and basic technique of working with both children in the Conservatorship of DFPS who are in need of adoptive placement and prospective adoptive families seeking to adopt children who have a history of abuse or neglect, and providing Adoption Services to these clients.Training and Orientation TimeframesPersons providing services under the contract must receive Contractor orientation and complete the contract specific training within 90 days of employment and prior to placing or supervising a child in an adoptive placement unless an appropriate exception or waiver is documented.Waivers for Training and ExperienceThe training outlined in subsection 2.12.3.1 and experience out lined in subsection 2.12.1 will be required prior to rendering services pursuant to a contract. CPA staff members exempt from the contract specific training must have documentation to support:Experience in providing Out-of-State Adoption Services under contract with DFPS, and Completing the Special Needs Adoption Curriculum developed by Spaulding for Children, orThe child being placed for adoption is a child with special needs due to significant medical conditions, and the Contractor's staff providing or supervising services under the contract have at least one (1) year of experience working with children with similar medical needs; orThe Contractor's staff providing or supervising services under the contract have at least one (1) year of placement experience in a public child welfare agency; orThe Contractor's staff providing or supervising services under the contract have completed at least three special needs adoptions that involved children with similar characteristics as the child being placed for adoption under the contract.Minimum Insurance Requirements In order to mitigate risk under this open enrollment's resulting Contract, DFPS will require the Contractor to submit all required insurance/bond coverage that meets or exceeds current minimum DFPS insurance requirements and provide the Certificate of Insurance with the signed contract to include in the Contract file before this Contract is finally executed.The Contractor will provide DFPS with documentation that meet these requirements; which can include, but is not limited to insurance policies, accords, certificates, self-insurance plans and/or bonds. DFPS reserves sole discretion to determine whether a document provided to DFPS meets the current minimum insurance requirements, coverage and/or limits.If the coverage will be provided through an insurance policy(ies) or other similar insurance document(s), then the issuing insurance company has to be authorized to do business in the State of Texas and have "B" or higher rating.If the coverage will be provided through a Self-Insurance Plan, then the plan submitted has to demonstrate that it meets or exceeds these requirements.If the coverage will be provided through a bond or other financial instrument, then the issuer must be authorized to do business in the State of Texas.The following current DFPS minimum insurance coverage and limits must be maintained throughout the resulting Contract Term:Commercial General Liability Insurance or equivalent insurance coverage including, but not limited to, liability with minimum combined bodily injury (including death) and property damage limits of $1,000,000 per occurrence, and $2,000,000 aggregate. The Commercial General Liability Insurance or equivalent insurance coverage must also include a Sexual Molestation and Abuse endorsement or equivalent insurance coverage with a minimum limit of $1,000,mercial Crime Insurance or equivalent insurance coverage to cover losses from fraudulent and dishonest acts with a minimum limit of $50,000. The Commercial Crime Insurance or equivalent insurance coverage must include a third party endorsement and an employee dishonesty endorsement or equivalent endorsements. Note: Sole proprietorships consisting of a single, self-employed individual are exempt from this requirement.Business Automobile Liability insurance or equivalent insurance coverage to cover losses from automobile accidents while transporting DFPS clients with a minimum limit of $1,000,000. The Business Automobile Liability insurance or equivalent insurance coverage must include Owned, Hired, and Non-owned endorsements or equivalent endorsements. This coverage is required if DFPS clients are being transported. Respondents must describe in their response if DFPS clients will be transported and the purpose of the client transportation.Contractor Notice to DFPS of Any Material ChangesContractor will immediately provide written notice to DFPS of any material changes to any document submitted under this Subsection; such notification also includes cancellation of coverage before the expiration date (i.e., end of policy period) of the applicable document.Renewals or New Coverages during the Contract PeriodContractor will be responsible for ensuring that any document submitted under this subsection is current and in full force and effect. If the document has a period of coverage, then the Contractor will ensure that after each renewal, they immediately provide the new coverage document. In the event that the Contractor obtains coverage from a new issuer or insurer, then the Contractor will immediately provide this document to DFPS.Notice of Cancellation Endorsement RequirementFor all insurance coverages, the Contractor agrees that it will request for any insurance policies or other similar document an endorsement that provides if the issuing company cancels the coverage before the end of the coverage period, and then it will provide notice to DFPS' named individual with a thirty (30) day notice of cancellation.Request for DocumentsContractor will provide any required documents under this subsection without expense or delay to DFPS.Personnel PoliciesThe Contractor must have written personnel policies by the Effective Date of the contract that comply with federal and state regulations and policies and that will successfully initiate and complete the work under the Contract within applicable periods of time.Child Placing AuthorityThe Contractor acknowledges:DFPS has the sole discretion to place child(ren) for adoption through any CPA it deems appropriate;DFPS has the sole discretion to remove any child(ren) from the CPA;This contract does not guarantee any service utilization or the placement of any child or children with the Contractor; andIf DFPS finds a family to adopt a child before the Contractor does, DFPS may withdraw the referral to the Contractor and proceed with the available placement.Reimbursement from Prospective Adoptive FamiliesThe Contractor may not seek or accept reimbursement from prospective adoptive families who DFPS selects for its child(ren) and to whom the Contractor provides adoption services. If a prospective adoptive family pays a fee, the Contractor will reimburse the adoptive family at the time of placement. This does not apply if the services are provided at no cost to DFPS. Federal Placement ComplianceThe Contractor will comply with all provisions of:The Indian Child Welfare Act of 1978; The Multi-Ethnic Placement Act or 1994 as amended by the Interethnic Adoption Provisions of 1996;The Adoption and Safe Families Act of 1998; and The Texas Family Code, specifically including § 162.308. Required Record KeepingThe Contractor will ensure that a Subcontractor Agreement Form is completed by subcontractors and made available upon DFPS request. The Subcontractor Agreement Form can be accessed within the HHS Data Use Agreement at the following link: Contractors must demonstrate good faith efforts to begin implementation of the U.S. Department of Homeland Security's E-Verify checks for new hires (). Contractors must also include the E-Verify term in the Subcontracts of providers who perform work pursuant to the Prime DFPS ContractThe Contractor certifies its use of the U.S. Department of Homeland Security's E-Verify system to validate the eligibility of all staff, Subcontractors, and Subcontractor's staff to perform work under this Contract. Upon request, the Contractor must provide an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for each individual hired to perform work on the Contract. If this certification is falsely made, DFPS reserves the right to take remedial actions deemed reasonable and necessary by DFPS to ensure compliance with the terms and conditions of the Contract, up to and including termination of the Contract at no fault to the state.NOTE: Contractor staff and Subcontractor staff who perform ancillary services (such as bookkeeping, maintenance, or accounting) not within the scope of the contract and unpaid volunteers are not required to use E-Verify.Client RecordsThe Contractor must maintain individual client case records. The Contractor understands that DFPS will, upon request by an adoptee, release the case record according to the confidentiality laws within the Texas Family Code. The Contractor will comply with the Texas Family Code by retaining adoption case records for a period of 99 years. This does not include contractual or budgetary records.At a minimum, each case record must include, but is not limited to, the following:CPS Service Authorization, Form 2054; Other contract related contacts;Supporting documentation for all services billed, to include but not limited to:Documentation of the date Form 2054 received;Case notes, including all contract documentation requirements.Service Provider RecordsContractor must maintain provider personnel files, at a minimum, the file must include but is not limited to:Resume clearly establishing provider meets minimum experience requirement or verification of approved waiver;Required licensure of staff;Training Records; Copy of cleared background check results from the Licensing State in which services are being provided, including results of subsequent checks, if required. If background checks are unavailable, contractor must maintain the completed DFPS background check forms 2970c, 2971c, and FBI check request with cleared results through the DFPS Automated Background Check System (ABCS); and DFPS-approved Form PCS-102 listing all persons to work under the contract that will have access to CPS client records or contact with CPS clients. Other Staff, Subcontractor or Volunteer RecordsThe following documentation must be maintained for any other staff, subcontractor or volunteer that has access to CPS client records or will have contact with the CPS client:Copy of cleared background check results as described in 2.13.4.4; andDFPS-approved Form PCS-102 listing all persons to work under the contract that will have access to CPS client records or contact with CPS clients. Training DocumentationContractor(s) must maintain written documentation in personnel or training records that staff received the required orientation and training. Documentation, including the certificates of completion must identify the:Individuals who received training;Date of the orientation or training;Topics presented;Total hours per session; andName of the presenter/trainer and their title.Required Reports, Forms & Plan of ServiceIt is anticipated that the required forms, documents and DFPS contact persons to whom the forms must be submitted will vary throughout the life of the Contract. Forms needed to provide adoption services will be accessible at the following web address as designated below:Items located at: , Adoption ServicesSpecial Needs Adoption Training Curricula Resources for ContractorsDesignation of Medical Consenter for Non-DFPS Employee, Form 2085-BAdoptive Placement Agreement, Form 2226Non-DFPS Adoptive Home Registration, Form 2238Invoicing Procedures for Adoption Services, Form 5500ADO Adoption PlanChecklist for Adoption Services PaymentChecklist for Post Placement Adoption Services PaymentProgram and Service Provision FormsThroughout the contracting process, the Contractor will be in contact with the child(ren)'s CPS (Program) adoption Case Worker. The Contractor will be responsible for submitting the following forms to the child(ren)'s CPS Caseworker in the timeframes described below:Placement AgreementThe Adoptive Placement Agreement Form 2226 must be signed at the placement of the child(ren) in the prospective adoptive home. The Contractor is then responsible for rendering the signed Placement Agreement to the DFPS Program Caseworker within 24 hours for DFPS approval. The Contractor will also be responsible for keeping a copy of the Placement Agreement form.Medical Consenter FormAt the time of the Adoptive Placement, the Contractor is responsible for obtaining three (3) original copies of the Designation of Medical Consenter for Non-DFPS Employee Form 2085-B. The Contractor will then:Leave one (1) original copy with the prospective adoptive family; Render one (1) original copy to DFPS; andRetain one (1) copy for their case file. The Adoption Plan of ServiceThe Adoption Plan of Service should outline the goals of the prospective adoptive family and child(ren), as well as the steps that it will require both the family and the Contractor to take in order to accomplish the goals in the Adoption Plan of Service. The Contractor will update the Adoption Plan of Service as necessary, but at a minimum of every six (6) months until the adoption is consummated. Listed below are the minimum requirements for the Adoption Plan of Service:Within the first thirty (30) days of the child(ren)’s placement, the Contractor will develop an Adoption Plan of Service with the prospective adoptive family and have all parties sign the Adoption Plan of Service. The Contractor will fulfill their obligations outlined in the Adoption Plan of Service, which will include but are not limited to:Providing adoption support services to the family;Maintaining contact with the family and child as specified in subsection 2.10.1, and assisting with any immediate needs they may have; Facilitating sibling visits and communication contacts; andGuiding the family and the parent’s attorney toward finalization and consummation of the adoption.Non-DFPS Adoptive Home Registration, Form 2238 The Contractor completes Form 2238 to register approved adoptive families who have been assessed and have shown an interest in parenting children in DFPS Conservatorship with special needs who are awaiting an adoptive family. The Contractor mails this form to CPS for data entry into IMPACT and maintains a copy of Form 2238 in the Contractor's file.The purpose of this form is to:To provide demographic information on approved Child-Placing Agency adoptive homes for entry into the Information Management Protecting Adults and Children in Texas (IMPACT) automation system.To provide updated information or changes regarding Child-Placing Agency adoptive homes listed in IMPACT.To provide information to close Child-Placing Agency adoptive homes listed in IMPACT.Records of Supervisory Contacts and VisitsThe Contractor is required to make face-to-face in-home visits with the child as specified in subsection 2.10.1 and appropriate sibling visits and contacts. The Contractor is responsible for rendering the documentation of the contacts and visits in a Status Report that is submitted to DFPS every month by the 10th business day following the month of service.Recording Case ClosurePrior to closing a case record after an adoption has been consummated or disrupted, the Contractor will provide DFPS with a copy of all case record information. Court Related DocumentsPetition for AdoptionThe Contractor is responsible for obtaining six (6) copies of the file stamped Petition for Adoption. The Contractor will then maintain one (1) copy for their case file and supply a Petition for Adoption to each of the following parties: DFPS Caseworker; Adoptive family; Family’s attorney; Child’s attorney ad litem; and Any other interested parties legally involved with the child(ren).Court Report The Contractor is required to complete the signed and notarized court report and supply copies of the court report as stipulated in subsection 2.11.2. Adoption Decree The Contractor will obtain a minimum of six (6) copies of the Adoption Decree signed by the judge. The Contractor will then maintain one (1) copy for their case file and supply an Adoption Decree to each the following parties:DFPS Caseworker; Adoptive family; Family’s attorney; Child’s attorney ad litem; and Any other interested parties legally involved with the child(ren).Goal and Performance MeasuresGoalAuthorized services provided by the Contractor meet Caseworker’s Expectations.Performance MeasuresIn addition to the Contractor's compliance with all of its obligations and duties under this contract, DFPS will evaluate the performance of the Contractor on the basis of the performance measures contained in Performance Measures located in Package 7.The remainder of the page is intentionally left blank.HISTORICALLY UNDERUTILIZED BUSINESSES (HUB)Because the estimated value of the solicitation or resulting Contract is less than $100,000, respondents are not required to submit a HUB Subcontracting Plan (HSP) with their Application at the time of submission. If subcontractors are used in the delivery of the goods and/or services, the awarded Contractor(s) is requested to submit monthly progress reports, in the prescribed format, to HHSC’s HUB Program Office. When applicable, the reports should include a narrative description of the Contractor’s good faith efforts and accomplishments, and financial information reflecting payments to all subcontractors, including HUBs. In the event the respondent’s offer to the procurement exceeds the $100,000 threshold, the respondent will make a “Good Faith Effort” to comply with the HUB requirements through the development and submission of the HUB Subcontracting Plan (HSP) with the Application response prior to Application submission.During the term of the original Contract, HHSC/DFPS and the awarded Contractor(s) may have the opportunity to modify its arrangement, which may require a new scope of work through an amendment, renewal, or extension of the Contract. As a result, the amendment, renewal, or extension of the Contract may potentially increase the Contract value to equal or exceed $100,000. As applicable and in accordance with statute and the HUB rules, the HHSC HUB Program Office may review the proposed amendment, renewal, or extension for potential subcontracting opportunities and for the inclusion of the HUB Subcontracting Plan (HSP).The remainder of the page is intentionally left blank.UTILIZATION AND COMPENSATIONHistorical Service UtilizationApplicant will need to consider the statewide needs for services to be purchased under this open enrollment prior to submitting an application. An indicator of the level of need for this service is historical utilization data. The table below reflects the number of Unduplicated Clients served, in this instance the numbers below reflect the number of children served by Out-of-State Adoption Service contractors in Fiscal Year 2014.Table 1: Historical Service Utilization Out-Of-State Adoptions in FiscalYear 2014128DFPS does not guarantee any minimum level of utilization or specific number of referrals. Utilization rates will vary according to the needs of DFPS staff, individual clients and DFPS budgetary allocations. Actual utilization is within the discretion of pensationMethod of PaymentThe method of payment is Fee-for-Service. The following Fee Schedule defines each billable unit of service and its associated Fixed Unit Rate. Fee ScheduleTables A and B included below constitute the Fee Schedule for Adoption Services and present the maximum amount payable upon receipt of and acceptance by DFPS of required documentation.Adoption units of service include:Placement: For Adoptive Placement Services. Payment is per placement event.Consummation: For Adoptive Post Placement Services. Payment is per completed consummation event.Table A — Basic Service Level - Effective September 1, 2013The service level shall be the service level which was the last authorized service level in Foster Care, with the exception of specialized and intense service levels. Payments for children at specialized or intense service levels shall be the same as for children at the moderate service level.ServiceAdoptive TypeBilling and PaymentMaximum to be Billed*Placement ServicesSingle foster/adopt child,no siblings$0Single child adoption(non-foster parent)$4,000Foster/adopt sibling group$0Sibling group adoption2 siblings$5,0003 siblings$6,0004 siblings$7,0005 siblings$8,0006 siblings$9,000Post-Placement ServicesSingle foster/adopt child,no siblings$4,000Single child adoption(non-foster parent)$4,000Foster/adopt sibling group$5,000Sibling group adoption2 siblings$5,0003 siblings$6,0004 siblings$7,0005 siblings$8,0006 siblings$9,000*Fixed Unit Rates in this column apply until such time of the acceptable completion of all service types for child(ren) placed, as documented with a corresponding DFPS Placement Agreement Form.Table B — Moderate Service Level — Effective September 1, 2013The service level shall be the service level which was the last authorized service level in Foster Care, with the exception of specialized and intense service levels. Payments for children at specialized or intense service levels shall be the same as for children at the moderate service level.ServiceAdoptive TypeBilling and PaymentMaximum to be Billed*Placement ServicesSingle foster/adopt child,no siblings$0Single child adoption(non-foster parent)$5,000Foster/adopt sibling group$0Sibling group adoptionFor Each Moderate Level Child$5,000For Each Basic Level Child$2,000Post-Placement ServicesSingle foster/adopt child,no siblings$5,000Single child adoption(non-foster parent)$5,000Foster/adopt sibling group$7,000Sibling group adoptionFor Each Moderate Level Child$5,000For Each Basic Level Child$2,000*Fixed Unit Rates in this column apply until such time of the acceptable completion of all service types for child(ren) placed, as documented with a corresponding DFPS Placement Agreement Form.Funding LimitationsDFPS does not guarantee funding at any level and may increase or decrease funds at any time during the term of a contract resulting from this procurement.Costs IncurredDFPS is in no way committed to award a contract or to pay any costs incurred by the Contractor in the preparation of a response, entering into a formal agreement, contract or purchase order. Costs of developing applications, preparing for or participating in oral presentations and site visits, or any other similar expenses incurred by a Contractor prior to or after contracting with DFPS are entirely the responsibility of the Contractor, and will not be reimbursed in any manner by the State of Texas.InvoicingThe Contractor will submit to DFPS a total bill each month in the format prescribed by the Department, and will accept as payment in full the contracted Fixed Unit Rate. The DFPS Contract Manager will handle all contractual issues including but not limited to Contract Execution, Contract Monitoring, and Payment for Services Rendered.Instructions for Invoicing DFPSThe DFPS Contract Manager determines the format for invoicing DFPS. Detailed instructions on the invoicing process, Invoicing Procedures for Adoption Services (Form 5500) are located on the DFPS Regional CPS Contracting Forms website:, Adoption Services ReimbursementPayment will be made after receipt of a complete and correct invoice. The Contractor will utilize a DFPS pre-bill to indicate the services authorized and delivered.3.3.2.1Contractor will not be reimbursed for services provided: 3.3.2.1.1Without a DFPS signed Form 2054, Service Authorization or,3.3.2.1.2Services provided within a date range that exceeds the authorized date range on the Form, 2054, Service Authorization, and3.3.2.1.3Without the required supporting documentation.Due DateThe Contractor must submit a signed and dated Department pre-bill, reflecting services authorized and delivered data by the 30th of each month. Invoices must be received at the designated DFPS contract office.Failure to submit invoices on time may be considered a contract compliance issue and be used in evaluating whether to renew or terminate the contract.The remainder of the page is intentionally left blank.APPLICATION REQUIREMENTSOpen Enrollment Cancellation/Partial Award/Non-AwardDFPS reserves the right to cancel this open enrollment, to make a partial award, or to make no award if it determines that such action is in the best interest of the State of Texas.Right to Reject Applications or Portions of ApplicationsDFPS may, in its discretion, reject any and all applications or portions thereof.Amendments to ApplicationsApplicants have the right to amend their applications by submitting a written amendment to the Point of Contact, as designated in subsection 1.2, at any time that is prior to the:Date of contract award notification; andClosing of the enrollment period, as designated in subsection 1.3.Joint ApplicationsDFPS will not consider joint or collaborative applications that require DFPS to contract with more than one applicant.Withdrawal of ApplicationsApplicants have the right to withdraw their applications from consideration at any time prior to contract award notification, by submitting a written request for withdrawal to the Point of Contact, as designated in subsection 1.2.DebriefingAny Applicant who is not awarded a contract may request a debriefing by submitting a written request to the Sole Point of Contact as provided in subsection 1.2 of this open enrollment. DFPS' debriefing provides information to the Applicant(s) on the strengths and weaknesses of their Application. Protest ProceduresAn unsuccessful Applicant may protest an award decision as specified in Texas Administrative Code (TAC) Rules §391.403 and §391.405. Application Submission InstructionsIt is the Applicant’s responsibility to appropriately mark and deliver the application and related materials in response to this open enrollment by the application due date.DO NOT submit an Application by both email and regular mail or delivery service Submission of an application does not execute a contract.Electronic SubmissionPreferred method of application submission is via email submission to:Delayne.williams@dfps.state.tx.usEmail Subject LineWhen submitted via email the electronically submission subject line should include: “HHS0000012 - Legal Name of Entity”Organization of Electronic Submission of ApplicationApplicant must organize its scanned and signed application packets in the following order and format. The electronic copy of the application packet must include the following three (3) file folders with the respective listed documents included, and the documents must be in the following order:File Folder 1: ApplicationExhibit 1 – Application and Contract, Form 2280PEN (Located in Package 2)Exhibit 2 – Assumed Name Certificate (If applicable)Exhibit 3 – Certificate of Incorporation (If applicable)Exhibit 4 – Copy of Partnership Agreement; andSignatory Assignment (If applicable)Exhibit 5 – Certificate of Insurance, or Form 4736 completed by Insurer (Located in Package 4), if Applicant already has insuranceFolder 2: Supporting Documentation (Refer to §2.12.1)Exhibit 1 – A current and valid Child-Placing Agency license to perform adoptions in the State the adoption will be consummatedExhibit 2 – Three (3) Letters of Organizational Support or the six (6) most recent DFPS Contract Performance lettersExhibit 3 – Agency Experience Summary Describing:The Agency’s qualifications and experience in at least six (6) Special Needs Adoptions in terms of placement and supervision;The Agency’s staff’s qualifications and experience in Special Needs Adoptions in terms of placement and supervision, including the; Supervisor Narrative of Experience; Supervisor Proof of Education (e.g., Professional license/ copy of degree/ college transcript);Case Manager Narrative of Experience; andCase Manager Proof of Education (e.g., Professional license/ copy of degree/ college transcript).The Agency’s subcontractors’ qualifications and experience in Special Needs Adoptions in terms of placement and supervision, if applicable:Subcontractor Narrative of Experience; andSubcontractor Proof of Education (e.g., Professional license/ copy of degree/ college transcript).Exhibit 4 – Adoption Child and Location Information, Form 5628 (Located in Package 8).File Folder 3: Required Forms (Refer to Packages 4 and 5)Form 4108x - Vendor Direct Deposit AuthorizationForm 4109x - Application for Texas Identification NumberForm 4735 - Out of State Contractor Certification9007FFS - Internal Control Structure Questionnaire and required attachmentsPCS-102 - Contracting Entity and List of Staff, Subcontractors, and Volunteers and required documentation (Refer to §2.13.4 and §2.13.5 above)NOTE: Each individual document requested in File Folders 1, 2, and 3 must be collated, in sequential order, and submitted in the order requested. The Forms are located in Package 4. Alternate Submission - Regular Mail or Delivery Service Regular mail or delivery service submission may be used to submit the completed Application, supporting documentation, and attachments as per the guidelines in this section.One (1) original set of the application, related documentation and forms must be placed in a package and correctly identified with the PEN number and follow the additional guidelines in §5.8.4.2. It is Applicant’s responsibility to appropriately mark and deliver the application and related materials in response to this PEN.PEN response may be delivered in hard copy by mail or delivery service addressed as follows:U.S. Postal Service,Overnight Express Mail or Hand DeliveryTexas Department of Family & Protective ServicesAttn: Delayne Williams701 W. 51st Street; MC E-541Austin, Texas 78751Hours – 8:00 AM to 5:00 PMTransmission via FaxApplications submitted via fax will not be accepted.Costs IncurredApplicants understand that issuance of this open enrollment in no way constitutes a commitment by DFPS to award a contract or to pay any costs incurred by an Applicant in the preparation of a response to this open enrollment. DFPS is not liable for any costs incurred by an Applicant prior to issuance of or entering into a formal agreement, contract, or purchase order. Costs of developing applications, preparing for or participating in oral presentations and site visits, or any other similar expenses incurred by an Applicant are entirely the responsibility of the Applicant, and will not be reimbursed in any manner by the State of Texas.The remainder of the page is intentionally left blank.ELIGIBILITY DETERMINATIONScreeningDFPS will screen all applications according to the evaluation process described in this Section.Best Value FactorsIn accordance with 1 TAC §391.131, the following Best Value factors will be considered in making any contract award:Best Value FactorCriterion ConsideredWeight Delivery Terms & ConditionsA signed Application and Contract, Form 2280PEN. Signed form indicates acceptance of the terms and conditions outlined within the:Open enrollment Statement of Work;All other terms in the open enrollment procurement document; andTerms in Application and Contract, Form 2280PEN.Any terms and conditions attached by Applicant to Form 2280PEN which have not been accepted by DFPS.Pass/FailPriceSubmission of an Application to this open enrollment will constitute acceptance of the rates specified in the Fee Schedule.Pass/FailProbable Performance Based on Past ContractsPast performance based upon Texas Comptroller's Vendor Performance System:An acceptable score, if available;Not on a Corrective Action Plan;Not having repeated negative Performance Reports for the same reason; orNot having had purchase orders cancelled in the previous twelve (12) months for non-performance (i.e. late delivery, etc.).Contractor performance information can be located on the Comptroller's web site at: Documented past performance based upon DFPS experience with the Applicant.Documented past performance based upon HHSC Enterprise Agency experience with the Applicant.Documented past performance based upon experience with any other governmental entity.Note: Applicant may be denied a contract or a contract already in existence maybe terminated if negative information becomes known to DFPS at a later date or during the Contract Term.Pass/FailExperienceApplicant has not completed as least six (6) Special Needs AdoptionsPass/FailLicensureApplicant is not a licensed adoption agency in the state in which the adoption services are to occur.Pass/FailUnresponsive ApplicationsUnless subject to subsection 5.4, an application will be considered unresponsive and will not be considered further when any of the following conditions occurs:The application is not signed.The Applicant’s response is not clearly legible. Typewritten is preferred.The Applicant fails to meet major open enrollment specifications, including: The Applicant fails to submit the required application, supporting documentation, or forms. The Applicant is not eligible under subsection 1.5.Applicant does not accept the rates established in the open enrollment.The application is not received by the closing of the enrollment period stated in subsection 1.3.If no responsive applications are received, DFPS reserves the right to award a contract based on noncompetitive negotiations.Corrections to an Application40 TAC §§732.215-217 describe when DFPS may allow for corrections to an application during the screening process.Review and Validation of ApplicationsThe Applicant must provide full, accurate, and complete information as required by this solicitation. As part of the review process, DFPS staff may validate any aspect of the application. Validation may consist of on-site visits, review of records, and confirmation of the information submitted by the Applicant with the Applicant and third parties. Additional InformationBy submitting an application, the Applicant grants DFPS the right to obtain information from any lawful source regarding the Applicant’s and its directors’, officers’, and employees’: Past business history, practices, and conduct, Ability to supply the goods and services, andAbility to comply with contract requirements.By submitting an application, an Applicant generally releases from liability and waives all claims against any party providing DFPS information about the Applicant. DFPS may take such information into consideration in evaluating applications.The remainder of the page is intentionally left blank.DEFINITIONSTERMDEFINITIONAccountabilityThe obligation to take responsibility for achieving contract requirements. It requires maintaining sufficient records to adequately account for the use of state and federal funds and provide reasonable evidence that service delivery is consistent with contract requirements. Addendum, Addenda (pl)An addition, supplement, or change to a solicitation document issued after the original solicitation document was released.Adoption Consummation The completion of the adoption process marked by a judicial ruling that the adoption has been finalized and the parent(s) are from that point forward the legal parent(s) of the child(ren). Adoptive PlacementThe period of time beginning when DFPS, the Licensed Child Placing Agency (LCPA), or another authorized entity places the child with adoptive parents and ending at consummation of the adoption.Adoptive Placement AgreementA written agreement between DFPS or a LCPA and the prospective adoptive parent(s) that documents when a child in DFPS Conservatorship is placed for the purpose of adoption and defines the duties of the parties from that date until the adoption is consummated.Aggregate Favorable ResponsesThe collection of all answers, excluding N/A responses, from all Caseworker Satisfaction Survey Questionnaires into a whole mass or sum combined.Aggregate ResponsesThe collection of all answers, excluding N/A responses, from all Out-of-State Adoption Services Caseworker Satisfaction Questionnaires into a whole mass or sum combined.Amendment A formal revision or addition to an Application or resulting contract.ApplicantAny individual or entity that submits an Application and Contract (2280PEN) pursuant to this open enrollment.ApplicationApplication includes the Application and Contract (2280PEN), and Required Forms, including all attachments, appendices and exhibits. Attorney Ad LitemAn attorney appointed by the court to represent the wishes of a parent or an attorney appointed to represent the wishes of a child. AwardThe act of communicating acceptance of an offer to the Applicant, thereby forming a contract.Best ValueThe optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-making and achieves procurement objectives.Case ManagerA person who is employed by the CPA or subcontractor working under the supervision of the CPA.CaseworkerA person who is hired by The Texas Department of Family & Protective Services that is assigned to a child/children Case seeking Adoption Services.Child-Placing Agency (CPA)A person, agency, or Operation other than a parent who places or plans for the placement of a child in an adoptive home or other residential care setting.ConservatorshipLegal responsibility, rights and duties that define the relationship between a child and the person(s) or entity appointed by a court to assume these responsibilities.ContractA promise or a set of promises, for breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty. It is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. The term also encompasses the written document that describes the terms of the agreement. For state contracting purposes, it generally describes the terms of a purchase of goods or services from a service provider.Contract RenewalThe act of entering into a new Contract Term by mutual agreement of both parties.Contract TermThe period of time beginning with the commencement date or Effective Date of a contract and ending when the Contract expires in accordance with its terms, or when it has been terminated. The Contract Term includes renewal options that have actually been exercised.Contractor Applicant who is awarded a contract pursuant to this open enrollment.CPSChild Protective Services, a division of Texas Department of Family and Protective ServicesData SourceThe system or process from which information about a performance measure will be gathered. DeliverableA written, recorded or otherwise tangible work product prepared, developed, or procured by the contractor that is to be provided as a part of the contract’s obligations under the contract. A discrete type or increment of work. The work may involve the delivery of goods or services. .DepartmentTexas Department of Family and Protective ServicesDFPSTexas Department of Family and Protective ServicesEffective DateThe date of complete execution of the contract or the date upon which the parties agree the contract will take effect.Electronic State Business Daily (ESBD)The electronic marketplace described in Texas Government Code, Section 2155.083, where state agency procurement opportunities over $25,000 are posted.ExpectationParticipant’s perception of satisfaction as indicated by responses made to the items on the Caseworker Satisfaction Questionnaire for Adoption Services. Favorable ResponseMeans an affirmative response such as yes, very satisfied, satisfied, strongly agree, agree or any other affirmative response, as determined by DFPS. Fiscal Year (State of Texas)The period beginning September 1 and ending August 31 of each year. Fixed Unit RateA unit rate payment schedule that is non-negotiable and determined prior to contract execution.Foster CareDFPS-paid substitute care.Historically Underutilized Business (HUB)A minority or women-owned businesses as defined by Texas Government Code, Title 10, subtitle D, Chapter 2161.Home ScreeningA written screening of a family to determine its appropriateness for becoming a placement option for a child currently in Foster Care, a foster family or an adoptive family.IMPACTInformation Management of the Protection of Adults and Children in Texas; the electronic system used by DFPS to record all activity related to the care and management of clients. IndicatorThe operational description of a performance measure.Interstate Compact for the Placement of Children (ICPC)The ICPC is an interstate agreement that has been enacted as law in all 50 states, the District of Columbia, and the Virgin Islands. In Texas, the ICPC is incorporated in Chapter 45 of the Human Resources Code. The compact establishes uniform procedures for placing children in substitute care in other states. MethodologyA general description of the process that is used to calculate a performance measure.Minimum StandardsThe minimum requirements that caregivers, Child-Placing Agencies, and child-care facilities must follow to ensure the health, safety, and well-being of children in DFPS Conservatorship. The minimum standards are codified in thestate in which the adoption services are to occur. OutcomeA measure that demonstrates the effect a service has on clients, typically related to improvements in the lives of clients with regard to safety, permanency, and well-being or support for CPS staff in meeting these goals.Out-of-State AdoptionAn adoption that occurs in a state or territory of the United States of America other than Texas.Performance MeasureA client outcome, a system improvement, or an administrative measure used to assess the performance of the Contractor.Performance PeriodThe period of time during which performance will be measured.Period of PerformancePeriod of time for which the Contractor is contractually obligated to perform the duties outlined within the contract.ProcurementA document requesting submittal of applications for services in accordance with the specifications in the document.Prospective ContractorAn eligible applicant that is interested and working towards obtaining a contract with DFPS but has not yet met the requisite requirements for contract execution.SatisfactionCaseworker's perception of satisfaction as indicated by responses made to the items on the Caseworker Satisfaction Questionnaire.Service LevelWhen a child comes into care, the child's Caseworker is expected to assess the child's service needs. The Caseworker consults with the child's caregivers, parents, teachers, or other appropriate sources to make the determination. A Basic, Moderate, Specialized, or Intense Service Level determined by the third-party contractor or, a Basic service level determined by the CPS Caseworker and supervisor. The authorized service level is based on information regarding the child's service needs.Special Needs AdoptionA child with special needs is one who meets all of the criteria in this section:(1) At the time the adoptive placement agreement is signed, the child is less than 18 years old and meets at least one of the following conditions:(A) On the day immediately preceding the date of adoption, the child was in the managing conservatorship of DFPS or an authorized entity, and:(i) the child is at least six years old;(ii) the child is at least two years old and a member of a racial or ethnic group that exits foster care at a slower pace than other racial or ethnic groups;(iii) the child is being adopted with a sibling or to join a sibling who has been adopted by the parents or for whom the parents already have permanent managing conservatorship or an equivalent arrangement in another state; or(iv) the child has a verifiable physical, mental, or emotional handicapping condition, as established by an appropriately qualified professional through a diagnosis that addresses:(I) what the condition is; and(II) that the condition is handicapping; or(B) The child has been determined by the Social Security Administration to meet all the medical or disability requirements with respect to eligibility for Supplemental Security Income (SSI) benefits;(2) The state has determined that the child cannot or should not be returned to the home of his parents; and(3) A reasonable, but unsuccessful, effort was made to find an adoptive placement without providing adoption assistance, unless doing so was not in the child's best interests. Proof of such reasonable efforts may include:(A) documentation that the child was registered on an adoption registry exchange for more than 60 days;(B) documentation of any ongoing effort, whether through child welfare entities, government or private organizations, to locate an adoptive family; or(C) the fact that one or more adoptive placements did not result in an adoption.40 TAC, Part 19, Subchapter H, §700.804SubcontractA written agreement between the original Contractor and a third party to provide all or a specified part of the goods, services, work, and materials required in the original contract.SubcontractorAny individual or entity that has entered into a subcontract with a Contractor.Substitute CareThe residential care and support provided to a child in DFPS' managing Conservatorship who has been placed in a living situation outside the child's own home in order to protect the child from abuse or neglect.Unduplicated Clients"Unduplicated clients," indicates how many individuals were served using Out-of-State Adoption Services Contractors. Some of the clients may have received both Placement and Post-Placement services, or they may have only received one of the two services. The number of "Unduplicated Clients" provided in Table 1: Historical Service Utilization, indicates the sum total of children served by all Out-of-State Contractors by provision of either Placement Services, Post- Placement Services OR a combination of the two.Uniform Contract Terms & Conditions (UTCs)The terms and conditions applicable to any contract resulting from this open enrollment that govern the Application and any resulting ContractUnresponsiveNoncompliance with a material aspect of the solicitation document resulting in an application being excluded from contract award consideration.Valid Service Authorization, Form 2054A Form 2054 that at a minimum Includes:Issuance to the correct Contractor,A service begin date that is no earlier than the date of receipt, andCPS staff signature, date, and any special approvals such as location of service provision.?? The remainder of the page is intentionally left blank.ATTACHMENTS AND FORMSProcurement Specific AttachmentsRefer to the following documents posted on the HHSC Open Enrollment Opportunities website:Package 2, Application and Contract, Form 2280PEN Package 3, State of Texas Region MapsPackage 4, Required Forms Package 5, Contracting Entity and List of Staff, Subcontractors, and Volunteers, Form PCS-102*Form is only required when adoptive placement or post placement supervision is pending for a child(ren) that has been identified prior to contract execution.) Package 6, DFPS Vendor Uniform Terms and Conditions, Form 5645V; and DFPS Vendor Special Conditions, Form 5622V; and DFPS General Affirmations, Form 5647Package 7, Performance MeasuresPackage 8, Adoption Child and Location InformationPackage 9, Addenda to Open Enrollment Required Forms - Attachment BForms must be closely read and carefully completed. A complete answer includes a written response and any supporting documents required by the form. In addition, “Not Applicable” is a proper response when a given question or form does not apply to an Applicant’s organization. Forms are located in Package 4.Applicants must complete and submit the forms attached to this open enrollment in the order they occur. ................
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